Text: HF02549 Text: HF02551 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 39.3, Code 2001, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 8A. "Overvote" means when a voter marks 1 4 more than the permitted number of choices for an office or 1 5 question. 1 6 NEW SUBSECTION. 17. "Undervote" means when a voter marks 1 7 fewer than the permitted number of choices for an office or 1 8 question. 1 9 Sec. 2. Section 43.49, Code 2001, is amended by adding the 1 10 following new subsection: 1 11 NEW SUBSECTION. 4. The number of overvotes and undervotes 1 12 for each office on the ballot. 1 13 Sec. 3. Section 43.56, unnumbered paragraph 2, Code 2001, 1 14 is amended by striking the unnumbered paragraph. 1 15 Sec. 4. Section 49.98, Code 2001, is amended by striking 1 16 the section and inserting in lieu thereof the following: 1 17 49.98 COUNTING BALLOTS. 1 18 1. Ballots shall be counted according to the voters' marks 1 19 on them as provided in sections 49.92 through 49.97, this 1 20 section, and sections 49.98A and 49.98B. A ballot, or the 1 21 votes on any part of the ballot, shall be counted if the 1 22 ballot contains a clear indication that the voter has made a 1 23 definite choice. A vote for any office or question on a 1 24 ballot shall not be rejected solely because a voter failed to 1 25 follow instructions for marking the ballot. If for any reason 1 26 it is impossible to determine from a ballot, as marked, the 1 27 choice of the voter for any office or question, the vote for 1 28 that office or question shall not be counted. Failure to vote 1 29 for any candidate for a particular office or for either choice 1 30 for a question shall not invalidate valid marks made on the 1 31 rest of the ballot. 1 32 2. When ballots are counted by automatic tabulating 1 33 equipment, the vote tabulating devices shall be configured to 1 34 sort out any ballots read as blank, or that contain overvotes 1 35 for one or more offices or questions. If the ballots are 2 1 tabulated at the precinct, the voter shall be offered the 2 2 opportunity to review the ballot and correct any errors. 2 3 Absentee ballots counted by automatic tabulating equipment and 2 4 ballots tabulated at a counting center established under 2 5 section 52.34 shall be sorted for blank ballots and for 2 6 overvotes. Blank and overvoted ballots shall be given to the 2 7 resolution board and tabulated as required by this section and 2 8 section 52.37. 2 9 3. If a voter uniformly uses a mark other than the mark 2 10 prescribed in the ballot instructions, and does not use the 2 11 prescribed mark anywhere else, and the mark the voter uses 2 12 clearly indicates that the voter has made a choice for a 2 13 candidate or a question on the ballot, the voter's marks shall 2 14 be counted. However, no votes shall be counted if the voter's 2 15 marks identify the ballot in violation of section 49.107, 2 16 subsection 7. 2 17 4. A vote for an office or question shall be counted if 2 18 the voter has marked the ballot in a manner that will be 2 19 counted as an overvote by automatic tabulating equipment but 2 20 the voter has indicated in a clear fashion that the voter has 2 21 made a mistake and has attempted to correct it, either by an 2 22 erasure or by otherwise indicating which mark is the voter's 2 23 choice, if such indication does not violate section 49.107, 2 24 subsection 7. 2 25 Sec. 5. NEW SECTION. 49.98A COUNTING STRAIGHT PARTY OR 2 26 ORGANIZATION VOTES. 2 27 When a voter has marked a straight party or organization 2 28 target for one political party or nonparty political 2 29 organization, blank voting targets under an office shall be 2 30 counted as votes for that party or organization. If the voter 2 31 has marked any voting targets next to any of the following in 2 32 addition to the straight party or organization target, those 2 33 votes shall be counted as marked: 2 34 1. A candidate for a political party or nonparty political 2 35 organization that differs from the straight party or 3 1 organization marked by the voter. 3 2 2. A candidate who is not affiliated with any political 3 3 party. 3 4 3. A write-in line. 3 5 However, if a voter has marked the voting target next to 3 6 the name of more than one political party or organization, 3 7 only votes cast for individual candidates shall be counted. 3 8 Sec. 6. NEW SECTION. 49.98B RULES FOR COUNTING BALLOTS. 3 9 The state commissioner of elections shall adopt rules to 3 10 provide guidance for counting votes for each type of voting 3 11 equipment and voting target on ballots in use in the state. 3 12 The rules shall provide specific examples of the kinds of 3 13 errors made by voters and the appropriate interpretation based 3 14 upon the vote counting procedures of this chapter. 3 15 Sec. 7. Section 49.99, Code 2001, is amended to read as 3 16 follows: 3 17 49.99 WRITING NAME ON BALLOT. 3 18 The voter may also write on the line provided for write-in 3 19 votes the name of any person for whom the voter desires to 3 20 vote and mark the voting target opposite the name.If the3 21voter is using a voting system other than an electronic voting3 22system, as defined in section 52.1, the writing of theWriting 3 23 a name on the write-in line shall constitute a valid vote for 3 24 the person whose name has been written on the ballot without 3 25 regard to whether the voter has made a mark opposite the name. 3 26However, whenWhen a write-in vote is cast using an electronic 3 27 voting system, the ballot must also be marked in the 3 28 corresponding space in order to be counted. However, precinct 3 29 election officials, resolution boards, and recount boards 3 30 shall count otherwise valid write-in votes cast without the 3 31 mark in the corresponding space. Marking the voting target 3 32 opposite a write-in line without writing a name on the line 3 33 shallnot affect the validity of the remainder of the ballot3 34 be interpreted as no vote for that office. 3 35 If a voter writes the name of a person more than once in 4 1 the proper places on a ballot or on a voting machine for an 4 2 office to which more than one person is to be elected, all but 4 3 one of those votes for that person for that office are void 4 4 and shall not be counted. If a write-in vote is duplicative 4 5 of an otherwise correctly cast vote for a candidate whose name 4 6 appears on the ballot, the write-in vote shall be interpreted 4 7 as a confirmation of the voter's choice and shall be counted 4 8 as one vote for the candidate. 4 9 The officials tabulating write-in votes shall disregard 4 10 misspellings or variations in names or abbreviations for 4 11 write-in candidates and shall count the variations in the form 4 12 of the name for a single person if the officials can determine 4 13 for whom the write-in votes were cast. 4 14 Sec. 8. Section 50.24, unnumbered paragraph 1, Code 2001, 4 15 is amended to read as follows: 4 16 The county board of supervisors shall meet to canvass the 4 17 vote on the first Monday or Tuesday after the day of each 4 18 election to which this chapter is applicable, unless the law 4 19 authorizing the election specifies another date for the 4 20 canvass. If that Monday or Tuesday is a public holiday, 4 21 section 4.1, subsection 34, controls. Upon convening, the 4 22 board shall open and canvass the tally lists and shall prepare 4 23 abstracts stating, in words written at length, the number of 4 24 votes cast in the county, or in that portion of the county in 4 25 which the election was held, for each office and on each 4 26 question on the ballot for the election. The board shall 4 27 contact the chairperson of the special precinct board before 4 28 adjourning and include in the canvass any absentee ballots 4 29 which were received after the polls closed in accordance with 4 30 section 53.17 and which were canvassed by the special precinct 4 31 board after election day. The abstract shall further indicate 4 32 the name of each person who received votes for each office on 4 33 the ballot, and the number of votes each person named received 4 34 for that office, and the number of votes for and against each 4 35 question submitted to the voters at the election. The votes 5 1 of all write-in candidates who each received less than two 5 2 percent of the votes cast for an office shall be reported 5 3 collectively under the heading "scattering". The abstract 5 4 shall also show the number of overvotes and undervotes for 5 5 each office or question on the ballot. 5 6 Sec. 9. Section 50.48, subsections 1, 2, and 3, Code 2001, 5 7 are amended by striking the subsections and inserting in lieu 5 8 thereof the following: 5 9 1. a. The county board of canvassers shall order a 5 10 recount of the votes cast in all precincts in that county for 5 11 a particular office or nomination if a written request for a 5 12 recount is filed not later than five p.m. on the third day 5 13 following the county board's canvass of the election in 5 14 question. For elections for a state or federal office or 5 15 nomination, the request shall be filed with the state 5 16 commissioner of elections. Immediately upon receipt of a 5 17 request for a recount in an election for a state or federal 5 18 office or nomination, the state commissioner shall notify the 5 19 commissioners of all counties in which votes were cast for the 5 20 office or nomination for which a recount is requested. For 5 21 county officers, city elections, school elections, and all 5 22 other elections, except those for state or federal office, the 5 23 request shall be filed with each commissioner of each county 5 24 in which votes for that office or nomination were cast, or 5 25 with the commissioner responsible for conducting the election 5 26 if section 47.2, subsection 2, is applicable. 5 27 b. A recount may be requested only if the returns prepared 5 28 pursuant to section 50.24 indicate that a candidate for an 5 29 office or nomination was defeated or eliminated by fifty or 5 30 fewer votes when fewer than five thousand votes are cast for 5 31 the office or nomination or by one percent or less of the 5 32 votes cast for that office or nomination when five thousand or 5 33 more votes are cast for the office or nomination, or that a 5 34 political party or nonparty political organization did not 5 35 retain or attain political party status by fifty or fewer 6 1 votes when fewer than five thousand votes are cast or by one 6 2 percent or less of the votes required to be eligible for 6 3 political party status when five thousand or more votes are 6 4 cast. 6 5 c. A recount may be requested by one of the following: 6 6 (1) A candidate elected or defeated by fifty or fewer 6 7 votes when fewer than five thousand votes are cast for the 6 8 office or nomination or by one percent or less of the votes 6 9 cast for that office or nomination when five thousand or more 6 10 votes are cast for the office or nomination. 6 11 (2) A political party or nonparty political organization 6 12 that did not retain or attain political party status by fifty 6 13 or fewer votes when fewer than five thousand votes are cast or 6 14 by one percent or less of the votes required to be eligible 6 15 for political party status when five thousand or more votes 6 16 are cast. A request by a political party or a political 6 17 organization must be signed by an officer of that party or 6 18 organization or by the political party or nonparty political 6 19 organization candidate for the office of president of the 6 20 United States or governor, whichever is applicable. 6 21 2. Immediately upon receipt of a request for a recount, 6 22 the state commissioner or the commissioner receiving the 6 23 written request, as applicable, shall send a copy of the 6 24 request by certified mail to all candidates who received votes 6 25 for the particular office or nomination for which a recount is 6 26 requested. In addition, the commissioner shall notify the 6 27 following persons by first-class mail or by telephone: 6 28 a. The chairperson of each state political party, if the 6 29 office or nomination for which a recount is requested is a 6 30 state or federal office. 6 31 b. The county chairperson of each county political party, 6 32 if the office or nomination for which a recount is requested 6 33 is a county office. 6 34 c. An officer of any nonparty political organization whose 6 35 candidate received votes for the office or nomination for 7 1 which a recount is requested. 7 2 3. a. In each county that a recount has been requested, 7 3 the recount shall be conducted by a board which shall consist 7 4 of the following: 7 5 (1) A designee of the candidate who received the highest 7 6 number of votes cast for that office or nomination. 7 7 (2) A designee of the candidate who received the second 7 8 highest number of votes cast for that office or nomination. 7 9 (3) A designee of the candidate who requested the recount, 7 10 if such candidate is not otherwise allowed to designate a 7 11 board member under subparagraph (1) or (2). 7 12 (4) A person chosen jointly by the designees under 7 13 subparagraphs (1) and (2) if subparagraph (3) does not apply. 7 14 b. If paragraph "a", subparagraph (3) does not apply, the 7 15 commissioner shall convene the persons designated under 7 16 paragraph "a", subparagraphs (1) and (2), not later than nine 7 17 a.m. on the seventh day following the county board's canvass 7 18 of the election in question. If those board members cannot 7 19 agree on another member by eight a.m. on the ninth day 7 20 following the canvass, they shall immediately so notify the 7 21 chief judge of the judicial district in which the canvass is 7 22 occurring, who shall appoint the other member not later than 7 23 five p.m. on the eleventh day following the canvass. 7 24 Sec. 10. Section 50.48, subsection 4, unnumbered paragraph 7 25 1, Code 2001, is amended to read as follows: 7 26 When all members of the recount board have been selected, 7 27 the board shall undertake and complete the required recount as 7 28 expeditiously as reasonably possible. The commissioner or the 7 29 commissioner's designee shall supervise the handling of 7 30 ballots or voting machine documents to ensure that the ballots 7 31 and other documents are protected from alteration or damage. 7 32The board shall open only the sealed ballot containers from7 33the precincts specified to be recounted in the request or by7 34the recount board.The board shall recount only the ballots 7 35 which were voted and counted for the office in question, 8 1 including any disputed ballots returned as required in section 8 2 50.5. If an electronic tabulating system was used to count 8 3 the ballots, the recount board may request the commissioner to 8 4 retabulate the ballots using the electronic tabulating system. 8 5 The same program used for tabulating the votes on election day 8 6 shall be used at the recount unless the program is believed or 8 7 known to be flawed. The board shall recount the ballots in 8 8 accordance with the method for counting ballots set forth by 8 9 statute and by administrative rule. The ballots shall be 8 10 counted according to the voters' marks on the ballots as 8 11 provided in sections 49.92 through 49.98B and not otherwise. 8 12 A voter's definite choices shall be counted even if the 8 13 recount board determines that the voter's choices differ from 8 14 the manner in which the ballot was counted by the automatic 8 15 tabulating equipment. 8 16 Sec. 11. Section 50.48, subsection 4, unnumbered paragraph 8 17 2, Code 2001, is amended by striking the unnumbered paragraph. 8 18 Sec. 12. Section 50.48, subsection 5, Code 2001, is 8 19 amended to read as follows: 8 20 5. If the recountboard's report isboard reports that the 8 21 abstracts prepared pursuant to the county board's canvass were 8 22 incorrect as to the number of votes cast for the candidates 8 23 for the office or nomination in question, in that county or 8 24 district, the commissioner shall at once so notify the county 8 25 board. The county board shall reconvene within three days 8 26 after being so notified, and shall correct its previous 8 27 proceedings. 8 28 Sec. 13. Section 50.49, unnumbered paragraph 4, Code 2001, 8 29 is amended to read as follows: 8 30 The petitioners requesting the recount shall post a bondas8 31required by section 50.48, subsection 2. The amount of the 8 32 bond shall be one thousand dollars for a public measure 8 33 appearing on the ballot statewide or one hundred dollars for 8 34 any other public measure. If the difference between the 8 35 affirmative and negative votes cast on the public measure is 9 1 less than the greater of fifty votes or one percent of the 9 2 total number of votes cast for and against the question, a 9 3 bond is not required. If votes cast on the question were 9 4 canvassed in more than one county, the abstracts prepared by 9 5 the county boards in all of those counties shall be totaled 9 6 for purposes of this paragraph. If a bond is required, it 9 7 shall be filed with the commissioner responsible for 9 8 conducting the election. 9 9 Sec. 14. Section 50.49, Code 2001, is amended by adding 9 10 the following new unnumbered paragraphs after unnumbered 9 11 paragraph 5: 9 12 NEW UNNUMBERED PARAGRAPH. After all recount proceedings on 9 13 a public measure are completed and the official canvass of 9 14 votes cast on the measure is corrected or completed, if 9 15 necessary, any bond posted under this section shall be 9 16 returned to the petitioners if the outcome of the election on 9 17 the question is different as shown by the corrected or 9 18 completed canvass. In all other cases, the bond shall be 9 19 deposited in the election fund of the county with whose 9 20 commissioner it was filed. 9 21 NEW UNNUMBERED PARAGRAPH. For purposes of this section, 9 22 "public measure" includes judicial retention elections held 9 23 pursuant to section 46.17. 9 24 EXPLANATION 9 25 This bill makes changes relating to information included on 9 26 abstracts of votes, the definition of a valid vote, and 9 27 procedures for requesting and conducting recounts of votes 9 28 cast. 9 29 The bill requires that an abstract of votes for a primary 9 30 or general election show the number of overvotes and 9 31 undervotes for each office or question on the ballot. The 9 32 bill defines overvote and undervote. 9 33 The bill provides that a vote shall not be rejected solely 9 34 because a voter failed to follow instructions for marking the 9 35 ballot and if a voter uniformly uses a mark other than the 10 1 prescribed mark, the votes shall be counted. The bill also 10 2 provides that failure to vote for each office or question on 10 3 the ballot shall not invalidate valid marks made on the rest 10 4 of the ballot. 10 5 The bill requires that vote tabulating devices be 10 6 configured to sort for blank votes and overvotes. If 10 7 tabulating takes place at the precinct, the voter shall be 10 8 offered the opportunity to review the ballot and correct any 10 9 errors. Blank and overvoted ballots that were cast absentee 10 10 or that were tabulated at a counting center shall be given to 10 11 the resolution board for determination of whether the votes 10 12 cast were valid. The bill provides that an overvote shall be 10 13 counted if the voter has clearly indicated the voter's choice. 10 14 The bill provides that when a voter has marked a straight 10 15 party or organization target and then marks the targets of 10 16 candidates not of that party or organization or has made a 10 17 write-in vote, the ballot shall be counted according to the 10 18 votes cast under the individual offices. A blank voting 10 19 target under an office shall be counted as a vote under the 10 20 straight party or organization vote. 10 21 The bill directs the state commissioner of elections to 10 22 adopt rules to provide guidance for counting votes. 10 23 The bill provides that a write-in vote shall be counted by 10 24 precinct election officials, resolution boards, and recount 10 25 boards even if the voter did not mark the voting target next 10 26 to the write-in line and the vote was cast using an electronic 10 27 voting system. The bill also provides that a write-in vote 10 28 that duplicates a correctly cast vote for a candidate on the 10 29 ballot shall be counted as one vote for the candidate. The 10 30 bill further provides that officials tabulating write-in votes 10 31 shall disregard misspellings or variations in names or 10 32 abbreviations for write-in votes if the officials can 10 33 determine for whom the write-in votes were cast. 10 34 The bill provides that a recount may be requested only if a 10 35 candidate for an office or nomination was defeated or 11 1 eliminated by 50 or fewer votes when less than 5,000 votes are 11 2 cast for the office or by 1 percent or less of the votes cast 11 3 for that office or nomination when 5,000 or more votes are 11 4 cast for the office or nomination or if a political party or 11 5 nonparty political organization did not retain or attain 11 6 political party status by 50 or fewer votes required to be 11 7 eligible for such status when less than 5,000 votes are cast 11 8 or by 1 percent or less of the votes required to be eligible 11 9 for such status when 5,000 or more votes are cast. A recount 11 10 may be requested by a candidate elected or defeated by the 11 11 required amount of votes or by the political party or nonparty 11 12 political organization that failed to retain or attain 11 13 political party status by the required amount of votes. The 11 14 bill provides that if the recount is requested for a state or 11 15 federal office, the request shall be filed with the state 11 16 commissioner of elections. 11 17 The bill provides that the recount shall be for all 11 18 precincts in which votes were cast for the office or 11 19 nomination for which the recount is requested. The bill 11 20 strikes the requirement that a bond be posted by the candidate 11 21 requesting the recount. A bond is still required in some 11 22 cases for a recount of the vote on a public measure. 11 23 The bill requires the state or county commissioner of 11 24 elections, as applicable, to send a copy of the recount 11 25 request to all candidates who received votes for the office or 11 26 nomination. The bill requires the commissioner to also 11 27 notify, by first-class mail or telephone, the chairperson of 11 28 each state political party if the recount is a state or 11 29 federal office, the chairperson of each county political party 11 30 if the office is a county office, and an officer of a nonparty 11 31 political organization whose candidate received votes for the 11 32 office. 11 33 The bill provides that the recount board be composed of one 11 34 designee of each of the candidates who received the highest 11 35 and next highest number of votes for that office or nomination 12 1 and a third designee of the candidate who requested the 12 2 recount if the candidate is one who did not receive the 12 3 highest or second highest number of votes. If there are only 12 4 two designees, they are to jointly choose a third person. 12 5 The bill provides that the recount board shall count the 12 6 definite choices of the voter even if the board determines 12 7 that the voter's choices differ from the manner in which the 12 8 ballot was counted by the automatic tabulating equipment. 12 9 LSB 5310HV 79 12 10 sc/sh/8.1
Text: HF02549 Text: HF02551 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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